Central Information Commission Judgements

Shri Ranjeet Neogi vs Ordnance Factory Board, Kolkata on 18 December, 2009

Central Information Commission
Shri Ranjeet Neogi vs Ordnance Factory Board, Kolkata on 18 December, 2009
     CENTRAL INFORMATION COMMISSION
  Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066


                   File No. CIC/SM/C/2008/00003/LS

Complainant           :       Shri Ranjeet Neogi

Public Authority      :       Ordnance Factory Board, Kolkata

Date of Decision :            18.12.2009

FACTS

By his RTI application dated 15.7.2008, the appellant had
requested for information on the following 03 paras :-
“(i) Minutes of the decision in the file for revised fo seniority
position taken by the Authority for restoration of promotion.

(ii) Copy of decision to effect restoration of promotion by 45 days.

(iii) Minutes/Notings recorded in the relevant file in pursuance with
the communication of Court of the Chief Commissioner for
Persons with Disabilities vide Case No. 1/1021/5201/2008
dated 9.5.2008.”

2. Shri S.S. Naskar, PIO, had responded to it vide letter dated
12.8.2008 vide which he had provided information regarding para No.

(i). However, as regards paras No. (ii) & (iii), he had informed the
appellant that information relating to these paras was not available
with his office and it will be provided to him when and if received
from HQ/NG. Para 04 of his letter is extracted below :_
“04. Information on point Nos. (ii) & (iii) when and if
received from HQ/NG will be provided.”

3. In the present appeal, the appellant has alleged that information
in regard to paras (ii) & (iii) has not been provided to him till date.

4. Heard on 18.12.2009. The parties did not appear. Hence, it
has been decided to dispose of this matter on the basis of material on
record. Para 04 of Shri Laskar’s letter extracted above demonstrates
casual and lackadaisical approach on the part of public authority. In
fact, the wording of this para that information will be provided when
and if received from HQ/NG is nothing but contempt writ large.
However, Shri Naskar is not before the Commission to plead his case.

DECISION

5. In view of the above, notice may be issued to Shri S.S. Naskar
to clarify whether requisite information has since been provided to the
appellant and, if not, why penalty @ Rs. 250/- per day should not be
imposed on him for willful denial of information to the appellant.

6. The case is adjourned to 28.1.2010 at 1050 hrs.
Sd/-

(M.L. Sharma)
Central Information Commissioner

Authenticated true copy. Additional copies of orders shall be
supplied against application and payment of the charges, prescribed
under the Act, to the CPIO of this Commission.

(K.L. Das)
Assistant Registrar

Address of parties :-

1. Shri S.S. Naskar
Ordnance Factory Board,
M/o Defence, 10A, S.K. Bose Road,
Kolkata-700001

2. Shri Ranjit Neogi
(Section-A/A),
Ordnance Factory Board,
M/o Defence, 10A, S.K. Bose Road,
Kolkata-700001